TAILIEUCHUNG - The protection of employee according to Taiwan labour standardsact
This article explains how the judiciary cooperates with the scholars to give better answers, especially to protect the employee, through defining “employee”, “employee”, in relation to wages, working hours and dismissals. Overall, we agree with the famous German scholar Gallmmilscheg on his saying “Richterrecht bleibt unserer schicksal” (“Judiciary remains our destiny”) and the scholars will always make their contributions to this matter. | VNU Journal of Science: Legal Studies, Vol. 34, No. 2 (2018) 26-34 The Protection of Employee according to Taiwan Labour StandardsAct Geng-Shenq Lin* The College of Law, Tunghai University, Taiwan Received 13 June 2018 Revised 19 June 2018; Accepted 21 June 2018 Abstract: Established on July 30, 1984, the Taiwan Labour Standards Act (LSA)is the most important law that protects labourers in Taiwan. It was only after the LSA had been passed that the systematic researches on labour law actually began. As the LSA is a relativly new law, a number of its conceptionsare still vague; therefore, their application has caused certain difficulties. In this context, the Judiciary plays a decisive role. But, the common practice is that the judge frequently cites the scholars’ opinions to support his decision. This article explains how the judiciary cooperates with the scholars to give better answers, especially to protect the employee, through defining “employee”, “employee”, in relation to wages, working hours and dismissals. Overall, we agree with the famous German scholar Gallmmilscheg on his saying “Richterrecht bleibt unserer schicksal” (“Judiciary remains our destiny”) and the scholars will always make their contributions to this matter. Keywords: LSA, employee, employer, wage, working hours, dismissal. “employee” which has already been amended 19 times, and the latest amendment was done on 31st January, 2018. This reflects the complex economic conflicts involved. And it was only after the LSA was passed that the systematic researches on labour law beginning. One must understand the LSA in order to understand how the employees are protected legally. Thus, in the following sections we will elaborate some important topics concerning LSA and by means of this we will also show the characteristics of Taiwan’s labor laws. The Taiwan Labor Standards Act (hereinafter LSA)1, which followed the Japanese LSA as its model and was established in 30, July 1984, is the most .
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